What is the test for establishing a prima facie case of discrimination against a union?

Even if the Union had been negligent or failed to properly represent the complainant, which I have found that it was not, that alone would not meet the requirements necessary to establish a prima facie case of discrimination. It must be shown that the reason for the failure to properly represent the member was discrimination on one of the protected grounds enumerated under the Act. There must be a factual foundation for the allegation that the failure to properly represent the complainant was based on discriminatory factors. (See Gungor v. Canadian Auto Workers Local 88 2011 O.H.R.T.O. No.1772 and the cases cited therein at paras 43 and 47).