The union recently fielded questions about the practice employed by some ships’ masters involving the pre-signing of certificates of discharge.According to the union’s legal department, it is not illegal to have mariners sign their respective certificates of discharge at the outset of a voyage and then fill in the actual discharge date at the end of the voyage. Some captains ask for pre-signed discharges as a matter of convenience.
However, such a practice legally cannot be made a condition of employment, and no mariner can lose his job for refusing to sign the certificate prior to the actual date of discharge.
A question was raised concerning a potential problem with this practice; specifically, what would happen if someone filled in an incorrect date on the certificate which differed from the actual discharge date. The concern was that this could be problematic for injury or illness claims if the injury or illness occurred after the date of discharge on the certificate. However, SIU members should be assured that, for the purposes of establishing a legal claim, the mariner simply must demonstrate that he was a seaman working on the vessel at the time of the injury.
Thus, even though a seaman may have been technically discharged prior to the injury, he nevertheless can establish his status as a mariner by showing that he was performing duties consistent with the operation of the vessel when he was injured (through payroll records or witness accounts, for instance). The date included on the discharge would not be determinative.
Mariners are advised if they do pre-sign their certificates that, upon discharge, they should make sure the correct date of discharge appears on the certificate. If any SIU members have any questions about this practice they may direct them to a union official; however, SIU members should note that this practice is not something about which they need to be overly concerned.
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