The Social Chamber of the Supreme Court has handed down the second sentence in less than two weeks against the Public Business Agency of Radio and Television of Andalusia (RTVA) and its subsidiary company Canal Sur Radio y Televisión SA (Canal Sur) for violating the right to strike of one of its workers in the territorial center of Córdoba during International Women’s Day, in this case in 2022, in which the CGT organization had formally called a general strike at the level autonomous.
The ruling, of October 30, dismisses 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 violated the right to strike of a video operator/editor, CGT delegate, as a result of the establishment of work shifts for March 8, 2022.
It is the second ruling, in less than two weeks, in which the High Court rules against the RTVA in the same terms after the one reported by this newspaper, in which the replacement of the usual host of a public radio program in Córdoba obeyed “a business decision clearly aimed at undermining the legitimate exercise of the right to strike to visualize before third parties and the general public the lower incidence of the labor protest by keeping the broadcast of the program on the air.” Precisely this past Monday the station had to read the ruling live, as required by the sentence:
The ruling ratified by the Supreme Court in this second case already sentenced the defendants to pay CGT, legally advised by the Andalusian cooperative Autonomía Sur, compensation for moral damage of 7,500 euros and also to proceed to read the ruling in the news of the afternoon of Canal Sur Televisión, something that will foreseeably occur in the near future. Now, RTVA and Canal Sur are also ordered to pay the costs of their appeal in the amount of 1,500 euros.
Their strike “had no impact on the assembly”
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 “regularly and normally”, 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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