How did air traffic controllers get tossed in the non-essential bucket?
We're essential. Which means working without pay. However, a lot of our support staff are controllers on assignment, and unless they're "current" in the operation they're furloughed.
DHS and Treasury are both unfunded as well. That means all DHS is working without pay along with SS.
So our Union filed a lawsuit over being unpaid and required to work. They requested an expedited hearing against the Government over it, and it's expected that tomorrow the restraining order against uncle sam will be granted by the judge in the case (he indicated in the first hearing that it was a very strong case). A couple possible outcomes
1) Immediate paid status for all essential personnel.
2) Pay status at federal minimum wage
3) The most interesting one to me, and the one I hope, is that the judge rules we cannot be required to work in a non pay status. By the governments rules we would all go on furlough just like everyone else. That would shut the National Airspace System down. I'd expect the shutdown to be over by the end of that day...