Milam v. DOMINICK'S FINER FOODS, INC.

POSNER, Circuit Judge.

This employment discrimination suit, filed in 2003, pits six black produce clerks at a Dominick’s grocery store in Chicago against their employer. The plaintiffs joined their union as a defendant too, but their only claim against it that is distinguishable from their claim against Dominick’s — that the union had shirked its duty to the plaintiffs under its collective bargaining agreement with their employer— was abandoned in the district court. The plaintiffs’ effort to revive it in their reply brief in this court comes too late.

The plaintiffs argue that in 2001 and 2002…