David P. Twomey
professor - business law and society department
Fulton Hall 420B
J.D., Boston College Law School
M.B.A., University of Massachusetts, Amherst
B.S., Boston College
Dipl., Boston College High School
Professor David Twomey researches and publishes in the area of labor and employment law. His research and publication interests also extend to contract law, intellectual property rights, business organizations, corporate governance, franchising and international business transactions. He is the author of some thirty-five editions of widely used textbooks on labor, employment and business law topics. His articles have appeared in journals such as Best's Review, The Labor Law Journal, The American Business Law Journal, The Massachusetts Law Quarterly, The Florida Bar Journal, and The Business Law Review. Recent examples of his work, including works published as lead articles in the Labor Law Journal, are:
- Twomey, David P., “The NLRB’s Babcock Arbitral Deferral Standard: A Woman’s Plight Leads to a Changed Policy but No Remedy,” Labor Law Journal, Volume No. 67, No. 3, Fall 2016, pp. 429-436.
- Twomey, David P., “Recent Trends in Defamation Law: From the Straightforward Action in Ventura v. Kyle to Unmasking an Anonymous Poster in the ‘Fuboy’ case,” Business Law Review, Volume No. 48, Spring 2015, pp. 1-9.
- Twomey, David P., “NLRA Impasse Cases: What’s Right, What’s Not Right and What Can Be Done About It”, Labor Law Journal, Vol. 65, No. 3, Fall 2014, 117-126.
- Twomey, David P., “Licensed Practical Nurses: Protected “Employees” or Statutory “Supervisors” Under the NLRA? The Impact of the 11th Circuit’s Lakeland Health Care Decision”, Labor Law Journal, Vol. 64, No. 2, Summer 2013, 57-66.
- Twomey, David P., “Unnecessary Burdens on Employers: Time for the EEOC to Improve its Systemic Discrimination Initiative”, Labor Law Journal, Vol. 63, No. 2, Summer 2012, 71-81.
- Twomey, David P., “Employee Retaliation Claims Under the Supreme Court’s Burlington, Crawford and Thompson Decisions: Important Implications For Employers,” Labor Law Journal, Vol. 62, No. 2, Summer 2011, 57-66.
Elected to the National Academy of Arbitrators in 1979, Professor Twomey has been selected by employers and unions as arbitrator in over 2,000 labor-management disputes throughout the country in both the private and public sectors. His service includes appointments by Ronald Reagan, George H.W. Bush, William Clinton, George W. Bush and Barack Obama to nine Presidential Emergency Boards, whose recommendations served as a basis for the resolution of major disputes in the rail and airline industries.1
Professor Twomey continues his service to the labor-management community. For example, he recently served as arbitrator for several labor-management contract disputes in various parts of the country including CSX Transportation and BLE; Norfolk Southern Railway and BLE; CSX Transportation and SMART – TD; Union Pacific Railroad and SMART –TD; and NAGE and Department of the Air Force.
Professor Twomey joined the Boston College faculty in 1968 and was promoted to full professor in 1978. He taught business administration subjects at Simmons College while he pursued his J.D. at Boston College Law School. He served in the United States Marine Corps from 1956-1958.
1President Reagan appointed Professor Twomey to a three person Presidential Emergency Board (PEB) whose recommendations served as the basis of the resolution of a multi-issue labor dispute between six railroad unions representing 107,000 employees and the nation's Class I railroads. He was appointed to three PEBs in 1992 by President Bush, and after a nationwide lockout, with concurrent Congressional action, the recommendations of these boards applied to the parties. In 1994, after a 47 day strike affecting rail service in 11 midwestern states, President Clinton appointed Professor Twomey chairman of a PEB. The recommendations of this board were accepted by the parties, CP Rail (Soo Line) and the United Transportation Union. In the face of a threatened nationwide rail strike, President Clinton again appointed Professor Twomey as chairman of a PEB in May of 1996. The recommendations of this board served as the basis of a new national agreement between the BMWE union and the nation's Class I railroads. With a threatened airline strike planned for the holiday period of December 2001, President George W. Bush appointed Professor Twomey to a PEB involving United Airlines and the Machinist Union. Subsequently, the parties were able to reach an agreement without a work stoppage. Professor Twomey was appointed to a PEB by President Bush in April 2004 involving a major dispute between the United Transportation Union and SEPTA. The dispute threatened the operations of rail passenger service in Southeastern Pennsylvania and parts of New Jersey and Delaware. The recommendations of the board laid the groundwork for the resolution of the dispute by the parties. In 2014 Professor Twomey was appointed to a PEB by President Obama in October 2014 involving a major dispute between the Brotherhood of Locomotive Engineers and SEPTA. Subsequently, the Board was pleased to report to the President that the parties reached a resolution of this major dispute.