it said it did not find the company had violate i had in laws. >> kate rogers, is it unusual to get a might be. >> certainly these are two that we mentioned there was another last week with darrell and james bird out of tennessee, also two black franchisees accusing the company of racial discrimination they settled with mcdonald's last week, agreed to leave the system mcdonald's repurchased their franchises as well unusual to get three beg settlements like this. >> as we head to "power lunch," i will note the dow is hanging on pulled lower by apple, microsoft, and salesforce, but still managing to be in the green. that will do it for "the exchange." "power lunch" starts right now >>> john, thank you so much. welcome, everybody, to "power lunch," along with courtney reagan i'm tyler mathisen. courtney in of course for kelly. here's what's ahead this hour. the post fed trade today's gains fizzling just a bit. it is a hard one to track but the s&p remains just about 1% from its intraday all-time high. the dow, less than 2% from that. but will the biggest gains be found going forward in s

kate rogers has been following this story and joins us now with the latest >> reporter: it all comesown to fewer than 100 workers in buffalo, new york, today in this big union fight for starbucks. so far the nlrb has twice sided with co-workers who are looking to unionize at three starbucks stores in the region, which has a total of 20 locations. voting ended last night via mail-in ballot and votes are being counted as we speak on "mad money" this week, the company's ceo kevin johnson said there's a national dialogue on unionization but broadly he feels workers are not seeking to unionize at all of his stores, but he does expect a few more stores to organize here. i also got off the phone with rossman williams, she's been on the ground there for months to support and hear workers out now, if starbucks workers united is successful, this would mark the first unionized company-operated starbucks location in the u.s. since it went public. but the stock is up nearly 6% this month, so far down about 2.5% in the last three the pro-union workers tell me they are nervous but confident today,

joining me now is cnbc correspondent kate rogers. oh, gosh.and you mentioned workers leaving for jobs at starbucks and amazon, in some cases because they have higher hourly pay and bonuses that are enticing to workers. the last year has been stressful for parents across the board and things have only gotten worse. wages are a huge issue, according to national data, with as many as 80% of respondents in some states saying that the low pay at these centers as a concern. we spoke to one owner in virginia who pays between 13 and $14 an hour, offers free childcare to her employees, benefits, paid time off, and she's not fully staffed right now. >> there really isn't a hiring situation. we are interviewing people that don't really qualify. people are not applying. people are applying but not showing up to interviews. people are coming to interviews, agreeing to take the job, but not following through with background checks. >> so you can see in that situation, hiring people who then don't show up for work or won't follow through with the rest of the

they say they might even win here's cnbc's kate rogers. >> reporter: this holiday season, darren maysly chain hassles. the owner of urban wing in minneapolis, minnesota, sells wooden pole tables online and etsy he's increased his sales 900% and hopes his local supply chain will be a bright spot this season. >> i source most of the product material locally, which gives me an edge. >> reporter: mays isn't the only etsy seller ready to capitalize by focusing on domestic sourcing ceo josh silverman says the company has been encouraging its 5 million entrepreneurs to stock up since august. >> etsy sellers say that over 90% of them source within their own country. for u.s.-based sellers, about half of them say they get all of their raw meaterials from their own state. so the supply chain is really simple, their local stores and two hands making they're telling us they're stocked up on average and ready to go this holiday season. >> some are hoecping to recoup losses from the last year, bringing in consumers ready to shop small this season. >> we're fully stocked and ready and hoping that th

chain disruptions but this holiday shopping season, some say they might even win here is cnbc's kate rogers >> reporter: this holiday season, darren isn't worrying about supply chain hassles the owner of urban wing in minneapolis, minnesota, sells wooden pool tables online and on etsy's platform. he's increase creased his sales 900% over last year and is hopeful his local supply chain will be a pretty spot this season. >> i source most the product material locally which gives me an edge right there. >> maze isn't the only etsy seller ready to capitalize on the holiday rush by focusing on domestic sourcing. ceo josh silverman says the company has been encouraging its 5 million entrepreneurs to stock up since august. >> etsy sellers say over 90% of them source from within their own country and in fact for u.s.-based sellers, about half of them say they get all their raw materials from within their own state. so, their supply chain is really simple it's just their local stores and two hands making and they tell us they're well-stocked up, on average, and ready to go this-holiday season. >> som

here's cnbc's kate rogers. >> between supply chain challenges, labor inflation and shortages. thrown them a curveball they didn't see coming there's been a pull back with holiday dinners and parties canceled. >> this is a big problem for restaurants because takeout and delivery is never enough to sustain a restaurant paying a rent bill. we need a full house we want to offer the safest experience possible but we need that customer confidence in order to make that work. >> josh and kelly phillips own a restaurant group in washington, d.c. they just opened a new location. >> launch week was very successful super busy, super slow now they're working to keep their staff safe another hurdle for the industry is what's happening in washington, d.c., with the potential shelving of build back better that means additional stimulus is not a guarantee 200,000 are hoping for help. they're hoping it could be a catalyzing factor to get lawmakers to take action. >> thank you very much kate. >>> the price you pay for goods is going up. that's what's topping cnbc's on the money. as americans do

kate rogers has a look at some of the most affected names so far. >> no one is safe from inflation andp on every earnings call this season. what is interesting are the names that consumers seem to be willing to pay a bit more for. fast food and qsr names a bit better positioned even with rising wages chipotle is well positioned to handle rising cost and executives expressed confidence protecting margins moving ahead. mcdonald's increased prices around 6% and saw no consumer pullback shake shack's ceo while commodity prices and labor are pressing the margins, they also think they have additional room to run another interesting name consumers seem to be willing to pay for is sweet green it's in the top five of major qsrs ahead of mcdonald's and chipotle of average unit volumes, average checks of consumers $15. despite that the stock down 15% this month the casual dining names not so lucky nearly all getting hit by investors pulling back take a look at dine brands, texas roadhouse. many have raised prices, pivoted to delivery or launched virtual brands but you can't get away from the fact

kate rogers is here with more. >> the stock up over 5% on the addition of execs with years of food industry. and bernie will become chief supply officer that is a new role reporting in to ramsey. he also comes from tyson with 30 plus years operation there and supply chain management. short interest also doubled since july according to data at 36%. now it's expected that operational challenges will continue to weigh on results with net sales expectations of q4 between 85 and $100 million back over to you >> kate, thank you >> now let's check in on the banks. investors look ahead to december's pivotal federal reserve meeting. is a potentially hawkish bank a boone for the fed? john, you are bullish on the group. tell us why. >> yeah, five quick reasons. we know the fed's raising interest rates that far does good thing for banks. two, the consumer is healthy which helps the bank loan books. we've seen massive m&a over the regionals over the past three or four years i think that's going to continue, the u.s. is overbanked and five there's going to be a reconstitution of the s&p 500 where fintech

>>> starbucks making headlines as the company loses the bid to delay a union vote let's get to kate rogersor us hi, kate. >> hey, courtney the nlrb siding with workers trying to unionize in buffalo, new york, allowing a vote count of the 81 workers to move ahead on thursday being collected tomorrow starbucks had wanted this to go to one regional vote that's a move that typically favors the employer but that request was denied in a letter to partners today ahead of this decision, the ceo, kevin johnson, said we feel strongly that all partners in buffalo should have a voice in the elections. while we recognize this creates some level of uncertainty, we respect the process that is under way and independent of any outcome in these elections, we will continue to stay true to our mission and values starbucks workers accuse starbucks of straying from those core values and said once again starbucks tried to stop partners from voting and once again they failed now, if successful, this would mark the first unionized starbucks location in the u.s., but the street doesn't seem to mind the stock closin

. >>> covid is once again disrupting restaurant chains so what are investors to do in 2022 kate rogersoperate in an ongoing pandemic, the restaurant industry continues to face many challenges as the omicron variant continues its spread analysts are looking at names that operate well in fully opened and restricted 55s and pricing power and flexibility as inflation continues to wee on the sector the top pick for 2022 is starbucks. >> our belief is investors should own names that cater to a higher demographic in 2022 we believe that in the restaurant space, value is going to become more a focus over the coming months and quarters. >> and for andrew charles, chipotle takes the hot spot. that i have room for runoff pricing. >> it a name where it's justify and the sales strategy the company is pursuing focuses on symbiotic sales drivers around social responsible, digital loyalty and innovation >> another buying opportunity includes wingstop and two publicly companies sweetgreen and dutch bros both have strong digital platforms. that will be important commerce want to interact for the foresee

kate rogers joining us with a look at the names the street is betting on though in 2022 and why.ng will be the hot places to eat and invest next year, kaelt? >> hey, ryan after learning how to manage in an ongoing pandemic, the restaurant industry as we know is still continuing to face challenges due to the omicron variant spreading. analysts are looking to names that can perform well in open and more restricted and closed environments and, more importantly, have pricing power and flexibility as inflation continues to weigh on this sector the top pick for 2022 is starbucks. he says investors should own names that cater to a higher demographic in 2022 and that value will be in focus for customers in coming months and quarters for andrew charles at cowen, chipotle takes the top spot. it is a company that expressed room to run on pricing charles says it is justified by the strategy the company is pursuing based on social responsibility, digital loyalty and manual innovation. other names mentioned as opportunities by charles, wingstop and newly public companies this year sweet green

kate rogers now.state new york. >>> a vikt i three moonts after theite fight began workers overcoming strong opposition from management in order to maintain the current working relationship that they have with the company. now workers claim conditions have worsened over the course of the pandemic they say they want better wages, conditions in stores and a stronger working relationship with the company while the ability to unionize is progress for starbucks workers united the group admits a long road ahead and hopeful that starbucks comes to the table to negotiate a contract which it does no the have to do >> if we are able to negotiate for a better contract here that makes our lives better and negotiate better benefits, better benefits packages, wages, whatever it maybe, the company has the resources but our ceo is making so 15 million a year to provide that across the company. >> reporter: meanwhile starbucks evp north north america told partners after a letter that will the results are preliminary a

with omicron spreading, could it be another harsh winter for the industry kate rogers joins me now with unknowns about what this variant means for the industry how will it impact consumer confidence and ongoing labor challenges casual names experiencing big losses so far for the month of november the sector has been hard hit and more associated with the sit down experience and less with dallas/fort worthry and takeaway red robin, blooming brands and rinker all down. now the big pandemic winners like chipotle, wing stop and papa john's also down 1.5 to 7% for the month. this despite knowing how operate in a pandemic setting. domino's was the outlier, seeing gains last month the fast-food brands, mngds, yum brands international all having a much better time it begs the question whether people are shying away from delivery apps in favor of hitting the drivethrough instead. the worst perform, brinker, the parent of chili's, gone a casual dining name that people are shying away from. >> is there a piece that people may be missing about how well some of the companies have adjusted to the pand

here's cnbc's kate rogers. >> reporter: at teddy bear day care, the hiring crunch is real.has two locations in virginia and needs ten more workers to be fully staffed. and these days, the applicant pool is nonexistent. >> there isn't really a hiring situation. we are interviewing people that don't really qualify people are not applying. people are applying, but not showing up to interviews. >> reporter: in nearly every state, child care centers are experiencing a staffing shortage, with many serving fewer children as a result those limited hours keep parents and mother in particular from returning to the workforce, exacerbating the ongoing labor shortage touching nearly every industry a main reason behind the lack of workers are wages, with some leaving the field for higher paying opportunities at big companies like amazon and starbucks, while others are opting to work in schools to fill the ongoing gap in education. >> i mean it's really hard work. it's very demanding. you know, think of yourself spending eight hours a day with ten 3-year-olds. and what kind of physicality

assaults have jumped nearly 15% over the same time cnbc's kate rogers is live in san francisco.some really strong language there, laying out a slew of new proposals to increase safety in the city. first giving police realtime access to surveillance videos in some situations to curb stolen good sales also emergency intervention to make the tenderloin, which is one of the poorest and most drug-ridden parts of the city, safer. this comes after parents asked for protection for themselves and families in that neighborhood in the recent meeting with the mayor the department of emergency management will lead the response in the tenderloins to keep up streets and disrupt drug dealing and usage. the mayor also said she will ask to increase the police department's budget. >> our compassion should not be mistaken for weakness or indifference. >> now, critics say the city has issues but a stronger police presence is not the answer to solving it all. >> police are not mental health professionals. police are not drug counselors police are not social workers. and so we as a society have dumped

kate rogers has that for us. teresting quarter here and that stock lower company reporting eps two cents. the company ceo saying higher sales due to improved pricing for eggs in the quarter and returning to profitability despite higher costs the company ceo also said the food service demand continues the improve resulting in egg supply balance as restaurant traffic increases and investors worried about inflation and the production costs up in the quarter. back to you. >> the story with so many food stocks thank you. >>> strong sales from covid-19 vaccines boosting pfizer and the others rising and will that revenue dry up in 2022 what's the impact on the stocks? joining us is ronnie gal ronnie, how do investors look at the covid revenues could it be a long term recurring revenue story for the stocks or do they see them peaking? >> for our sake i hope this is a peak in the near term. it is clear the level of revenue in 2021 and probably see in 2022 probably not be recurring. countries are buying and therapies for st

rng mcdonald's among young stocks hitting all-time highs this week kate rogers joins us now >> aftering how to manage in an ongoing pandemic, they're continuing to face challenges as the omicron variant spreads. they're looking for more restrictive and open environments and have pricing power continue to weigh on the sector and says the top pick for 2022 is starbucks investors should own names that kater to a higher dem gographic for 2022 and chipotle takes the top spot. a company that says it has room to run in pricing. it's focussed on digital loyalty and innovation a newly public companies, sweetgreen and dutch, are key with consumers looking to order platforms for the foreseeable future but the two top performers are domino's and taking the top spot, papa john's >> what a run for both of those names. pretty incredible. we'll take a break here. s&p near 4800. os t17ix around 36.5 and the v clero than 18 back in a minute everything you've seen me do was made possible by what you don't see. cause when you're not looking, i go to work. ♪♪ strength isn't a given. it's grown. it's earn

kate rogers here with that story for us >> hey there, wilf upgrading beyond meat to neutral and movingthe industry contacts are saying a nationwide mcplant launch could come in late 2022 earlier than expected. the note says in an early read the product is very well received and leaving mcdonald's to move quickly to expand the offer. could be $75 million and raising the 2022 sales estimates from 565 million to $600 million why beyond also remember did just hire two tyson executives ahead of partnerships that are set to expand in 2022 with yum, pepsi and mcdonald's the mcplant in eight locations beyond did close higher by about 9% mcdonald's fractionally lower today. >> who's winning particularly in terms of big restaurant partnerships like that who's winning between impossible and beyond >> they're both doing well and in quite a few locations i think when you ask who's winning people have said mcdonald's has kind of been late to the game and not offers a plant based option in a big way and investor and consumer anticipation what time it comes in will remain to be seen and it's in the ei

kate rogers has that story >> beyond meat shares falling today by 8% after bloomberg reported that tacoafter the chain was dissatisfied with samples in october beyond would not comment to cnbc whether or not it is working on a product. but in a joint statement they said taco bell and beyond meat are thrilled to be working together to create a plant-based protein as cravible as the current products and can't provide additional details at this time but are very excited about what we have planned beyond added two tyson execs with experience to coo and chief supply chain officer roles to paren for big planned rollouts with yum brands, mcdonald's and pepsi in 2022. back to you. >> it's been a rough ride for that stock off 50% in the last 12 months. thank you. >>> when we come back, heading into the market zone why wall street is showing no love to southwest airlines and many more stories. the dow is actually at session highs right now up almost 200 points we'll be right back. growing up in a little red house, on the edge of a forest in norway, there were three things my family encouraged: ki

kate rogers has the details. >> siding with workers looking to unionize in buffalo, new york, allowingnted this to go to a regional vote a move to typically favor the employer the ceo kevin johnson said we feel strongly that all partners in buffalo should have a voice in the elections this is a level of uncertainty and respect the process and independent of any outcome in the elections we stay true to the mission and values workers united accused starbucks of straying from the values. if successful this would mark the first unionized location of star bugs in the u.s starbucks ceo will also be on "mad money" tonight at 6:00 p.m. eastern. back over to you. >> we certainly will be tuning in to that thank you. speaking of cramer, jim is hosting a special event this thursday to share the 2022 outlook. join the investing club. or scan that qr code on the screen. >> did you see the kellogg's workers keep striking. the deere workers made a deal but the effort to labor is picking up steam. >>> time nor a cnbc news update. >> thank you let's talk ant what's happening this hour. the outages cause

. >> kate rogers, thank you. >>> 27 minutes to go before the closing bell where we stand, largely lower the flat line. up about 11 points a big swing for all major averages s&p down 0.8% and nasdaq down as well. >>> when we come back, weighing in on today's nasdaq sell-off and what is expected for year end. >>> plus, rivian, first report since going public break down the numbers and exclusive interview with fedex's president and coo. that is coming up. so stay with us. tv: mount everest, the tallest mountain on the face of the earth. keep dreaming. [coins clinking in jar] ♪ you can get it if you really want it, by jimmy cliff ♪ ♪ [suitcase closing] [gusts of wind] [gusts of wind] [ding] >>> i believe the next wave of innovation and growth will be dreamed from all of this connective devices part of what we call the connected intelligent edge this is where wireless connectivity, efficient computing, and distributed artificial intelligence will power the devices and experience that will feel the cloud economy in our digital futures. >> what opportunities are there for qualcomm in this mome

we will toss it over to kate rogers >> hey, dom, good morning.st the former president and ceo steve easterbrooke returned cash valued at $105 million which the company said he would have forfeited had he been truthful at the time he was fired in november 2019 he would have been fired for cause instead of without cause he was accused of having sexual relationships with four snow subordinates in a statement, he said, quote, during my tenure as ceo i failed at times to uphold mcdonald's values and fulfill certain of my responsibilities as a leader of the company. i apologize to my former co-workers, the board and franchisees and suppliers for doing so the board adding in a message that even if the company moves on from this, a big lesson is continuing to quote foster a culture where the expectation is that people will speak up in response to wrong doing. back over to you, becky. >> kate, thank you very much >>> let's move on to our next guest and ask him about yesterday's fed decision and the broader markets. for that we welcome lee cooperman, it's

. >> kate rogers, thanks. >>> california ports will once again post delays on shipping carriers leftlog joining us is gene seroka. why don't you give us an understanding how many ships there are and how many are waiting forring to take shipment containers off port? >> we're happy to see an improvement at our california southern port complex. right now we see 50% of the aging containers we've talke about on previous shows, and this is all through just the threat of a penalty flee we have not collected one dollar, but we've gotten folks motivated. the number of ships anchored now is 35, which is 60% less than the past weeks and they've implemented a new system they're not all bunching at the port complex at one time safety and security of the assets and the crews along with the reduction in emissions were both driving factors for the new cueing system. >> gene, there are alternate ways of looking at this, not just having ships off the port of los angeles and the long beach areas. it makes a lot of sense, but it doesn't necessarily mean things are getting delivered any faster in fact, t