So before I got my promotion to Chef at work we have had a problem child who just doesn't get that breaks have a set limit and start when you are not doing your work, not when your done making yourself breakfast. So i was hauling in the order today and notice issuesboy packing a plate of food out back. On my way I in I check the clock and it's five minutes till the hour. I keep putting away the order and check on the clock ...it's ten after. I go outside and around the corner and there he is texting, smoking and has a clean plate. i make the glance at my watch gesture and say "Really? Still on break?" and get the reply of "Mind your own business, besides you don't even have a watch on." Now the real problem comes in that I actually don't have any authority yet. I can't write him up and he knows it, the best I can do is complain to a manager that is in about 2-3 days a week. He will be in tomorrow and I will be talking to him about this issue but any advice in the meantime?