Clemens Nörpel

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Clemens Nörpel (born October 12, 1885 in Darmstadt , † June 1, 1950 in Berlin-Neukölln ) was a German trade union official . As a leading social democratic labor law expert , he shaped the labor policy of the trade unions and the social democracy during the Weimar Republic and also had a significant influence on the general labor law discussion. During the time of National Socialism he worked in the Ergonomics Institute of the German Labor Front .

Life

Weimar Republic

Nörpel originally learned the trade of a businessman . He worked as an accountant and correspondent . He took part in the First World War as a soldier at the front . When the SPD split up , he joined the USPD and in 1920 was employed as a representative of the USPD in the works council department of the General Free Employees' Association (AfA). He also belonged to the Federal Office of the ADGB . In 1922 he changed an employee relationship with the ADGB in the same function. The employees of the federal office acted as advisors to the full-time trade union board, prepared speeches, essays, reports and exposés and prepared union statements. With the unification of the USPD and MSPD , Nörpel returned to the SPD.

Nörpel was elected honorary labor judge at the Reich Labor Court in Leipzig in 1927 and from 1928 headed the journal Arbeitsrechtspraxis . He also worked on the union theory organ work . In his journalistic activities he focused on the topics of works councils and collective labor law. He had only acquired his labor law expertise through self-study. His contributions to the arbitration question , for example , did not always coincide with the position of the Federal Committee of the ADGB, but had an opinion-forming effect and brought the unions closer to state interventionist positions. Nörpel worked with Rudolf Hilferding , Erik Nölting and Hugo Sinzheimer on the trade union program of economic democracy , which signaled a departure from the defensive concept of autonomy of the trade unions.

National Socialism

In the course of the breaking up of the trade unions , Nörpel was arrested on May 2, 1933, but was soon released. On December 8, 1933, he applied for membership in the Reich Association of German Writers . In the summer of 1935 he became an employee of the Ergonomic Institute of the German Labor Front . Nörpel wrote memoranda on labor law issues for the institute. Among other things, he was identified as the author of a memorandum on the labor law position of the Jews of August 1, 1940, in which he proposed that the Jews be employed. On February 13, 1941, he applied for membership of the NSDAP , which took place on April 1 (No. 8.290.856). A last named article is dated July 1944.

Post-war years

At the end of the war, Nörpel was initially out of work and received a small pension as a disabled person . In October 1944 he was denazified as "no longer affected" . From November 1, 1950, he headed a trade union school of the DGB in Wasserburg (Lake Constance) . After his past at DAF was discovered in February 1950, he was fired on June 30, 1950. Before that, Nörpel died in Berlin, where he had returned.

The year Nörpel died was long unknown. In the older literature, the years 1938 and 1944 were also given as years of death.

Act

Labor rights expert for the trade unions

Nörpel represented a political view of the law, which in his view was shaped by ideology. Although he was extremely critical of the case law of the Reich Labor Court created by the Labor Court Act of 1926, he had a sharp argument with the social democratic labor lawyer Otto Kahn-Freund , who had characterized this case law in 1931 as the realization of fascist ideals. Kahn-Freund was referring to the metaphor of an allegedly existing organic membership of the worker in the company, with which the Reich Labor Court had taken a position on the problem of company risk in its first decision in 1928, and also claimed that the Reich Labor Court acted according to patriarchal and welfare principles. Nörpel, on the other hand, did not consider the jurisprudence to be final and took offense in particular at the criticism in which Kahn-Freund accused the unions at the same time of having allowed themselves to be harnessed to a mechanism above the classes, so that the Reich Labor Court already recognized the unions' will to power as immoral in the sense of the law. Nörpel did not only let his displeasure with Kahn-Freund flow into public criticism, but tried in advance with all means to prevent publication. When this failed, he urged well-known labor lawyers in personal letters to publicly distance themselves from the book. It also appears as if the nörpel, who was marked by an anti-intellectual affect, thwarted Kahn-Freund's appointment to a post in the Prussian Ministry of Commerce .

Union policy

Nörpel is counted among a group of younger union secretaries around Lothar Erdmann who are working to open the union to the right . He stressed that the unions represent the interests of their followers under any form of government and constitution would have to meet, underpinning the efforts of Free Trade Unions in the last years of the Weimar Republic to politically emancipate itself from the SPD and for example, a positive relationship with the Cabinet Schleicher to develop. Nörpel warned against the National Socialists and their National Socialist Company Cell Organization (NSBO) in 1932/33 . After the National Socialist " seizure of power " he expressed himself more cautiously.

As Detlev Brunner notes, Nbodel's formal understanding of the state and democracy was also able to legitimize the behavior of the ADGB after January 30, 1933 and to build a bridge to trade union politics in a ruling state on a non-democratic basis. According to his companion Lothar Erdmann, National Socialism corresponded to Nbodyel's “authoritarian tendencies”. Apparently, after the elections of March 5, 1933 , Nörpel orientated himself entirely on a line that judged National Socialist policy positively.

Fonts

  • Collective agreement u. Wage forms. Central Union Commission d. German trade union federation in d. Czechoslovakia, Reichenberg 1921.
  • From the works council practice. Dietz et al. a, Stuttgart 1922.
  • Works council law and business and merchant court assessors. With a lot of material in judgments, arbitral awards, notices. Publishing company d. General German Federation of Trade Unions mb H; [Th. Thomas Komm. Gesch.], Berlin / [Leipzig] 1922.
  • The rights and duties of the works councils. Lecture given at the painters conference of the Association of Painters us. w. on April 7th and 8th, 1922 ... Streine, Hamburg 1922.
  • Trade unions and labor law. Verlagsges. des Allgemeine Dt. Trade Union Confederation, Berlin 1924.
  • International labor law. A simple gen. German Trade Union Confederation, Berlin 1925.
  • and Siegfried Aufhäuser : Labor Court Act . Complete text edition with an introduction to the law, detailed notes and subject index as well as with an appendix: index of all labor courts and regional labor courts. 3. Edition. Publishing company of the General German Trade Union Federation, Berlin 1927.
  • and Theodor Leipart : The statutory regulation of working hours as of July 16, 1927. With execution regulations. u. Erl. 3rd edition. General German Trade Union Confederation, Berlin 1927.
  • The new labor law and its meaning. Lecture given at the Association Day, Jena 1928. Hass, Berlin 1928.
  • The more recent labor and social legislation. Forward, go to d. 13th Bundestag d. German Transport Association in Leipzig 1928. Courier publishing house, Berlin 1928.
  • and Otto Eichler : One year of labor jurisdiction. The case law of the labor court authorities. German Metalworkers' Association, Stuttgart 1929.
  • (Ed.): Reich Labor Court case law on labor court proceedings. With special consideration of the regulations for the collective arbitration bodies and the ministerial decisions on the competence and the procedure of the committees for apprentice disputes. Verl.-Ges. d. General German Trade Union Confederation, Berlin 1930.
  • Development and expansion of labor law. Lecture, go on d. 14th Congress d. Trade unions of Germany in Frankfurt a. M. 1931. Verlagsges. d. General German Trade Union Confederation, Berlin 1931.
  • and Kurt Gusko : Trade unions and collective labor law. 2nd Edition. General German Trade Union Confederation, Berlin 1932.
  • with Theodor Leipart and F. Tarnow: Against the economic plan of the Papen government. Against the mismanagement of capitalism. [Speeches by Th.] Leipart, [F.] Tarnow, [C.] Nörpel u. a. [at the] public rally of the ADGB and AFA-Bund. Publishing company of the ADGB, Berlin 1932.
  • Health plant. 1941.

literature

  • Detlev Brunner: Bureaucracy and politics of the General German Trade Union Confederation 1918/19 to 1933. Otto Brenner Foundation, Frankfurt a. M, Berlin 1992, ISBN 3-7663-2392-X .
  • Eckhard Hansen, Florian Tennstedt (Eds.) U. a .: Biographical lexicon on the history of German social policy from 1871 to 1945 . Volume 2: Social politicians in the Weimar Republic and during National Socialism 1919 to 1945. Kassel University Press, Kassel 2018, ISBN 978-3-7376-0474-1 , p. 142 ( Online , PDF; 3.9 MB).
  • Karsten Linne: From Leipart to Ley: Clemens Nörpel. A document from 1940. In: 1999. Journal for Social History of the 20th and 21st Century. 3 (1988), H. 4, pp. 92-104.
  • Martin Martiny: Integration or Confrontation? Studies on the history of social democratic legal and constitutional policy. Verlag Neue Gesellschaft, Bonn-Bad Godesberg 1976, ISBN 3-87831-219-9 .
  • Martin Otto: From an independent church to a nationally owned enterprise: Erwin Jacobi (1884-1965). Labor law, constitutional law and church law between the German Empire and the GDR. Mohr Siebeck, Tübingen 2008, ISBN 978-3-16-149502-1 , p. 154
  • Hermann Unterhinninghofen: The labor lawyer Clemens Nörpel: from ADGB to DAF. In: Labor and Law . German and European Labor Law, Vol. 66 (2018), Issue 1, pp. G1-G4, ISSN  0003-7648

Individual evidence

  1. Martin Otto: From the own church to the state-owned enterprise: Erwin Jacobi (1884-1965). Labor law, constitutional law and church law between the German Empire and the GDR. Mohr Siebeck, Tübingen 2008, ISBN 978-3-16-149502-1 , p. 154.
  2. ^ Detlev Brunner: Bureaucracy and politics of the General German Trade Union Confederation 1918/19 to 1933. Otto Brenner Foundation, Frankfurt a. M, Berlin 1992, p. 136.
  3. ^ Detlev Brunner: Bureaucracy and politics of the General German Trade Union Confederation 1918/19 to 1933. Otto Brenner Foundation, Frankfurt a. M, Berlin 1992, pp. 287, 291f.
  4. Martin Martiny: Integration or Confrontation? Studies on the history of social democratic legal and constitutional policy. Verlag Neue Gesellschaft, Bonn-Bad Godesberg 1976, p. 128.
  5. Karsten Linne: From Leipart to Ley: Clemens Nörpel. A document from 1940. In: 1999. Journal for Social History of the 20th and 21st Century. 3 (1988), H. 4, p. 98.
  6. ^ Hermann Unterhinninghofen: The labor lawyer Clemens Nörpel: from ADGB to DAF. In: Labor and Law . German and European Labor Law, Vol. 66 (2018), Issue 1, pp. G1-G4
  7. ^ Hermann Unterhinninghofen: The labor lawyer Clemens Nörpel: from ADGB to DAF. In: Labor and Law . German and European Labor Law, Vol. 66 (2018), Issue 1, pp. G1-G4
  8. ^ Hermann Unterhinninghofen: The labor lawyer Clemens Nörpel: from ADGB to DAF. In: Labor and Law . German and European Labor Law, Vol. 66 (2018), Issue 1, pp. G1-G4
  9. Karsten Linne: From Leipart to Ley: Clemens Nörpel. A document from 1940. In: 1999. Journal for Social History of the 20th and 21st Century. 3 (1988), H. 4, p. 98.
  10. Martin Martiny: Integration or Confrontation? Studies on the history of social democratic legal and constitutional policy. Verlag Neue Gesellschaft, Bonn-Bad Godesberg 1976, p. 116.
  11. Martin Martiny: Integration or Confrontation? Studies on the history of social democratic legal and constitutional policy. Verlag Neue Gesellschaft, Bonn-Bad Godesberg 1976, pp. 133–141.
  12. Martin Martiny: Integration or Confrontation? Studies on the history of social democratic legal and constitutional policy. Verlag Neue Gesellschaft, Bonn-Bad Godesberg 1976, p. 134.
  13. ^ Detlev Brunner: Bureaucracy and politics of the General German Trade Union Confederation 1918/19 to 1933. Otto Brenner Foundation, Frankfurt a. M, Berlin 1992, pp. 265f.
  14. Karsten Linne: From Leipart to Ley: Clemens Nörpel. A document from 1940. In: 1999. Journal for Social History of the 20th and 21st Century- 3 (1988), no. 4, p. 93f.
  15. ^ Detlev Brunner: Bureaucracy and politics of the General German Trade Union Confederation 1918/19 to 1933. Otto Brenner Foundation, Frankfurt a. M, Berlin 1992, pp. 266-269.
  16. ^ Detlev Brunner: Bureaucracy and politics of the General German Trade Union Confederation 1918/19 to 1933. Otto Brenner Foundation, Frankfurt a. M, Berlin 1992, p. 328.
  17. Karsten Linne: From Leipart to Ley: Clemens Nörpel. A document from 1940. In: 1999. Journal for Social History of the 20th and 21st Century. 3 (1988), H. 4, p. 95.