Published on 19 Feb 2013 • USA (National/Federal) |
Respect Privacy. If during the course of your work you create, receive or become aware of personal information about McKesson's employees, contingent workers, customers, customers' patients, providers, business partners or third parties, don't disclose that information in any way via social media or other online activities. You may disclose personal information only to those authorized to receive it in accordance with McKesson's Privacy policies.
The Division of Advice concluded that the portion of the rule prohibiting disclosure of personal information about the employer's employees and contingent workers is unlawful because, in the absence of clarification, employees would reasonably construe it to include information about employee wages and working conditions. However, the portion prohibiting disclosure of personal information only to those authorized to receive it would not be unlawful. If the employer revises the policy to clarify that it is not intended to curb discussion about terms and conditions of employment.
Legal matters. Don't comment on any legal matters, including pending litigation or disputes.
The Division of Advice found that prohibiting employees from commenting on any legal matters is unlawful because it specifically restricts employees from discussing the protected subject of potential claims against the employer, including this charge.
Adopt a friendly tone when engaging online. Don't pick fights. Social media is about conversations. When engaging with others online, adopt a warm and friendly tone that will encourage others to respond to your postings and join your conversation. Remember to communicate in a professional tone. (For example, is your post written in a way that is appropriate when communicating with a supervisor or customer?) Don't be afraid to be yourself, but do so in an ICARE manner. This includes not only the obvious (no ethnic slurs, personal insults, obscenity, etc.) but also proper consideration of privacy and topics that may be considered objectionable or inflammatory—such as politics and religion. Don't make any comments about McKesson's customers, suppliers or competitors that might be considered defamatory.
The Division of Advice found that cautioning employees against online discussions that could become heated or controversial is unlawful because discussions about working conditions or unionism have the potential to become just as heated or controversial as discussions about politics and religion. Without further clarification of what is "objectionable or inflammatory," employees would reasonably construe this rule to prohibit protected discussions about working conditions or unionism.
Respect all copyright and other intellectual property laws. For McKesson's protection as well as your own, it is critical that you show proper respect for the laws governing copyright, fair use of copyrighted material owned by others, trademarks and other intellectual property, including McKesson's own copyrights, trademarks and brands. Get permission before reusing others' content or images.
The Division of Advice found that most of this rule is not unlawful. It does not prohibit the use of content or images, but merely urges employees to respect the laws. However, the portion requiring employees to "get permission before reusing others' content or images" is unlawful, as it would interfere with employees' protected right to take and post photos of, for example, employees on a picket line or working in unsafe conditions.
You are encouraged to resolve concerns about work by speaking with co-workers, supervisors, or managers. McKesson believes that individuals are more likely to resolve concerns about work by speaking directly with co-workers, supervisors or other management-level personnel than by posting complaints on the Internet. McKesson encourages employees and other contingent resources to consider using available internal resources, rather than social media or other online forums, to resolve these types of concerns.
The Division of Advice concluded that this rule is unlawful, because by telling employees that they should use internal resources rather than airing grievances online, it has the probable effect of precluding or inhibiting employees from the protected activity of seeking redress from alternative forums (such as unions).
Use your best judgment and exercise personal responsibility. Take your responsibility as stewards of personal information to heart. Integrity, Accountability and Respect are core McKesson values. As a company, McKesson trusts—and expects—you to exercise personal responsibility whenever you participate in social media or other online activities. Remember that there can be consequences to your actions in the social media world—both internally, if your comments violate McKesson policies, and with outside individuals and/or entities. If you're about to publish, respond or engage in something that makes you even the slightest bit uncomfortable, don't do it.
The Division of Advice concluded that this rule is not unlawful. Although this language could be interpreted as a veiled threat to discourage online postings, which includes protected activities, the phrases are unlawful only son far as they are an extension of the unlawful rules themselves. The Division of Advice found that if the employer rescinded the offending rules discussed above it would remedy the coercive effect of the potentially threatening statements in this rule.
This Policy will not be construed or applied in a manner that improperly interferes with employees’ rights under the National Labor Relations Act.
The Division of Advice concluded that the savings clause, although a helpful addition to the policy, does not negate the chilling effect of the unlawfully overbroad provisions.