This section contains the nature of the case and procedural background.

Town (D) terminated the employment of Dillman (P), on May 24, 2002. P was a member of the Hooksett Permanent Firefighter Association I.A.F.F., Local 3264 (the Union), which served as a certified union for Hooksett firefighters. The Union's collective bargaining agreement with Hooksett included a grievance article that specifically provided it was subject to the provisions of RSA chapter 542. The Union filed a grievance with D on behalf of P following his termination. Arbitration was held in accordance with the collective bargaining agreement, resulting in an award by the arbitrator finding that D had 'just cause' for terminating P. P brought suit in superior court, alleging that the Union had assigned him its rights under RSA 542:8 (1997) to seek review, modification, and correction of the arbitrator's award. D removed the case to federal court. It then moved to dismiss the case for lack of subject matter jurisdiction. The district court certified the above question to this court.

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