In accordance with exemplary embodiments of the invention there is a method and apparatus to detect with a hybrid automatic repeat request function a collision between an uplink packet re-transmission and a new uplink packet transmission within a hybrid automatic repeat request process, and in response, to dynamically allocating resources for transmitting the new uplink packet transmission in a different hybrid automatic repeat request process that does not collide with the uplink packet re-transmission. In accordance with other exemplary embodiments of the invention, there is a method and apparatus to transmit a packet re-transmission in a hybrid automatic repeat request process using a semi-persistently scheduled uplink resource, and responsive to receiving a dynamic allocation of a different hybrid automatic repeat request process, to transmit a new packet using the dynamically allocated different hybrid automatic repeat request process.