39. If, in accordance with section 35, a request for the appointment of a mediator-arbitrator is made to the Minister of Labour, the parties may jointly recommend a person to the Minister for appointment as mediator-arbitrator.
As soon as possible, the Minister of Labour appoints the person recommended as mediator-arbitrator or, if no joint recommendation is made, a person whose name appears on a list prepared for that purpose after consultation with the Minister of Health and Social Services.