Opinion
November 4, 1983
Appeal from the Supreme Court, Erie County, Gossell, J.
Present — Hancock, Jr., J.P., Doerr, Denman, Moule and Schnepp, JJ.
Order unanimously affirmed, with costs. Memorandum: Service Employees International Union by instituting an action for injunctive relief did not waive its right under the union contract to demand arbitration to redress alleged past contract violations and to seek back pay for its members (see Preiss/Breismeister Architects v Westin Hotel Co.-Plaza Hotel Div., 56 N.Y.2d 787, 789).