Canal Sur Televisión has admitted live that it violated the fundamental right of one of its workers to strike on March 8, 2022, International Women’s Day. He did so in the afternoon news program this Friday “for all of Andalusia”, in compliance with a condemnatory ruling by the Superior Court of Justice of Andalusia (TSJA).
It was in the last minutes of the newscast when the presenter gave the ruling on a page: “We partially uphold the demand for protection of fundamental rights, formulated by the General Confederation of Labor (CGT), against the public company of Radio Television of Andalusia (RTVA) and the subsidiary company, Canal Sur Radio y Televisión Sociedad Anónima. With the intervention of the Public Prosecutor’s Office, we declare the plaintiff’s right to strike violated, as a consequence of the establishment of work shifts for March 8, 2022, in which Ms. Isabel García, CGT delegate, exercised her right to strike. and we condemn the defendants to pay the plaintiff union compensation for moral damage of 7,500 euros, and to proceed to read the ruling of this sentence in the afternoon news program of Canal Sur Televisión.”
The Seville Social Chamber of the Superior Court of Justice of Andalusia, Ceuta and Melilla has forced the RTVA to fully comply with the conviction handed down by Supreme Court last October, “proceeding to the reading” of the conviction “in the afternoon news program of Canal Sur Televisión that is broadcast throughout Andalusia.” The public entity had already issued it, but only in the provincial disconnection for Córdoba – where the plaintiff works -, but Justice again ordered it to make it public in a regional news program “for all of Andalusia”, one of the most viewed in the chain.
The Andalusian public broadcaster, according to the courts, had violated the right to strike of one of its workers in the territorial center of Córdoba during International Women’s Day 2022, on which CGT had formally called a general strike at the regional level. The workers’ organization had warned the TSJA in December that the ruling had not been complied with since Canal Sur had read the ruling in a news report on Canal Sur TV Córdoba, as This is what it was like last December 19 (starting at minute 6.00).
According to the public entity, it was “the news item affected by the Strike on March 8, 2022 and to whose shift the CGT delegate who exercised her right to strike and whose replacement motivated the lawsuit was assigned.” But the CGT union alleged that the scope of the strike called on March 8, 2022 corresponded to the Andalusian autonomous community and, furthermore, it coincides with the celebration of International Women’s Day. Likewise, the affected worker is a CGT representative in the company and is part of the RTVA Intercenter Committee, so “her scope of representation extends to all work centers.”
“The exclusive broadcast in the provincial disconnection of Córdoba represents a limitation that the convicted party establishes in an interested and unilateral manner” after its appeal to the Supreme Court was also rejected, the union warns. “No limitation or invitation to limit the effect of the ruling is established in the ruling,” continues CGT, adding that it should be taken into consideration that “we are facing a case of recidivism since the company has also been convicted for a matter.” analogous relative to the strike call of March 8, 2021”, as also reported by elDiario.es Andalucía.
The plaintiff, as the TSJA now accepts, was interested in “that the interested execution be continued under its fair terms and that the convicted party be required to broadcast it on the regional afternoon news.” The ruling of the Andalusian high court, dated January 9 and against which an appeal for reconsideration is possible, requires that the sentence for violation of the right to strike be read in an afternoon news program at the regional level.
The Supreme Court ruling
The ruling of the Supreme Court, of October 30, rejected the appeal of RTVA and Canal Sur, as requested by the Public Prosecutor’s Office, and declares the finality of the ruling of the Social Chamber of the TSJA (from July 2022) that already declared the right to strike of a video operator/editor, CGT delegate, violated as a result of the establishment of work shifts for March 8, 2022.
The Supreme Court reported that Canal Sur delivers to workers, approximately on the 25th of each month, the work shift quadrants for the following month. The proven facts, which have already been proven in the first instance, indicate that in the quadrant for the month of March 2022, on March 8, the worker appeared on the afternoon shift, with two special shifts also being planned (from 12:30 to 9:30 p.m. ) awarded to another video operator/editor and to an electronic technician who usually also performs assembly functions.
The employee who is the protagonist of this case and an editor supported the strike on March 8 at the territorial center of Canal Sur in Córdoba. In 2021, the operator did not support the strike, without the concurrent circumstances being recorded, but its strike in 2022 “had no impact on the editing of the news”, since “the duration of the special shift, which covers part of the morning and part of the afternoon, it allowed the assembly of both news programs by the people who carried out such shifts.”
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