It's largely accepted that BIS>MS>OS right, so applying that formula, even if Tossks' are an upgrade for the hunter (say, even if hunter is wearing a fos/pos wrist) it's the rogue's icc/p4 BIS.
Since Umbrage armbands hc are not even in the picture when talking about 8/12HC pug runs from global, it's an easy case.
This route of reasoning has logical basis and is more fair than trying to justify your method of loot distribution thinking X weaker geared player deserves an item over Y better geared player, so Y shouldn't be allowed to roll. It's screwing over all the carries who are making the raid happen when they just want a fair chance to roll/bid.