In a Ninth Circuit ruling on Tuesday, the NLRB’s recently revised standard for arbitration deference was upheld, reversing the standard set in Olin/Spielberg which had been used for nearly 60 years. Tuesday’s decision came out of a dispute concerning a utility worker who was fired following an arbitration process, the three Ninth Circuit judges upheld the Labor Board’s decision to defer to an arbitration award. The revised standard will only be applied prospectively, in all future and pending cases.
See "BREAKING: 9th Circ. Backs NLRB's Standard For Deferring To Arbitrators", Emily Kokoll, Law 360, October 17, 2017