McA

This is an action for breach of contract and declaratory relief brought by appellant Mechanical Contractors Association of Northern California (hereafter MCA) against respondent Greater Bay Area Association of Plumbing and Mechanical Contractors (hereafter GBA). Both parties are associations of licensed mechanical and plumbing contractors which act as collective bargaining agents on behalf of their members. At the outset of the trial below, the trial court granted GBA’s motion in limine to exclude all of MCA’s evidence, in effect granting a nonsuit for GBA. In accordance with the parties’ stipulation, the trial court thereafter entered judgment in favor of GBA and against MCA.

The ultimate issue on appeal is whether a contract based on a January 1994 letter between the parties is invalid or void as a matter of law. GBA contends the contract is invalid as a matter of law because it purports to modify certain collective bargaining agreements (hereafter Agreements) between MCA, GBA, and two labor unions, but without the unions’ written consent thereto, as required by the Agreements. GBA also contends the contract is void because MCA failed to comply with federal statutory…