Appellee, President of the Westinghouse Engineers Association,
On this appeal, as in the court below, the Board takes the familiar position that, under § 9(d), its determinations in representation proceedings are reviewable only in the courts of appeals and only when they have become the basis for a “final order” in an unfair labor practice proceeding under § 10, 29 U.S.C.A. § 160. It relies heavily on Switchmen’s. Union v. National Mediation Board,, 1943, 320 U.S. 297, 64 S.Ct. 95, 88 L.Ed. 61.
“Before we can decide whether these proceedings are reviewable in an original equity suit in the District Court, there must be a showing ‘of unlawful action by the Board and resulting injury * * * by way of departure from statutory requirements or from those of due process.’ Inland Empire District, Council, etc. v. Millis, 1945, 325 U.S. 697, 700, 65 S.Ct. 1316, 1318, 89 L.Ed. 1877.” DePratter v. Farmer, 1956, 98 U.S.App.D.C. 74, 76, 232 F.2d 74, 76. Equitable relief is clearly barred in the wide area of determinations which depend on the Board’s expertise and discretion; as for example, in Switchmen’s Union, that railroad yardmen should be included in a unit with certain other smaller groups of railroad employees, or, in DePratter, that full time production employees should be included in a unit with employees who devote only part time to production and the rest to other tasks.
This case, however, presents “a different ‘type of problem.’ ”
Affirmed.
. The full name of this organization is Buffalo Section, Wcstinghouse Engineers Association, Engineers and Scientists of America.
. Air Line Dispatchers Ass’n v. National Mediation Board, 1951, 89 U.S.App.D.C. 24, 27, 189 F.2d 685, 688; see also Farmer v. United Electrical, Radio & Machine Workers, 1953, 93 U.S.App.D.C. 178, 211 F.2d 36, certiorari denied, 1954, 347 U.S. 943, 74 S.Ct. 638, 98 L.Ed. 1091; Leedom v. International Union, 1956, 352 U.S. 145, 77 S.Ct. 154, 1 L.Ed.2d 201.