The Social Chamber of Seville of the Superior Court of Justice of Andalusia, Ceuta and Melilla has requested the Public Business Agency of Radio and Television of Andalusia (RTVA), and its subsidiary company Canal Sur Radio y Televisión SA (Canal Sur) , to comply with the ruling of the ruling of last July, ratified in October by the Supreme Court, “proceeding to the reading” of the ruling “in the afternoon news program of Canal Sur Televisión that is broadcast to the entire Andalusia” and in which the public channel was condemned for the violation of a fundamental right such as the right to strike.
“Canal Sur received the ruling to which it refers this morning, January 10, and on CSN2 tonight, on-air, the ruling will be read,” sources from the public entity assure elDiario.es Andalucía.
The station, 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, in 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).
It was, according to the public channel, “the news program 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,” argued the RTVA. . But, according to CGT’s allegations, 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 representative of CGT in the company and is part of the Intercenter Committee, so “her scope of representation reaches all work centers.”
CGT recalled that “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 dismissed. “No limitation or invitation to limit the effect of the ruling is established in the ruling,” CGT argued, 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 analogous matter related to the call for a strike on 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.”
In the defendant company there are several special shifts planned that are attended with “habituality and normality”, and that usually deal with both absences of personnel for various reasons, as well as any special event or event that may occur, and both the TSJA and now the Supreme Court have considered that the right to strike of the video operator/editor was violated as a result of the establishment of work shifts for March 8, 2022.
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